Search Results for "Standing Clearance"

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Supreme Court Allows Review Petition Filed by Customs Department in Customs Act Case — DRI Officers Held as Proper Officers. The Court overruled earlier decisions and upheld Section 28(11) of the Customs Act, 1962 as constitutionally valid, restoring the Department's power to issue show cause notices.

The Supreme Court, in a batch of petitions led by Review Petition No. 400 of 2021, considered the correctness of its earlier judgment in M/s Canon Ind...

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Bombay High Court Quashes Confiscation of Lithium Ion Cells for Want of Show Cause Notice; Section 124 Customs Act, 1962 Mandates Prior Hearing. Non-Compliance with Natural Justice Renders Confiscation Order Void, Liberty Granted to Seek Release of Detained Goods.

Background: The petitioner, a subsidiary of Bajaj Auto Ltd., is engaged in the manufacture and sale of electric scooters and imported consignments of ...

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Bombay High Court Dismisses Revenue Appeal in Central Excise Clandestine Removal Case — CESTAT Order Upheld for Lack of Evidence. Allegation of removal of 1,687,585.511 kg of yarn without duty payment fails as Revenue could not prove clandestine removal beyond reasonable doubt.

The Principal Commissioner of Central GST & C. Ex., Daman Commissionerate, filed an appeal under Section 35G of the Central Excise Act, 1944, against ...

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Bombay High Court Allows Customs Appeal Against CESTAT Order Waiving Late Fees for Delayed Bill of Entry Filing. Late Fee Under Section 46(3) of Customs Act, 1962 Is Mandatory and Not Discretionary for Delayed Filing Beyond Prescribed Period.

The Principal Commissioner of Customs, Pune, filed an appeal under Section 130 of the Customs Act, 1962 against the final order of the Customs, Excise...

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Supreme Court Upholds Project Proponent's Environmental Clearance in Construction Dispute Under Amended EIA Regime. Environmental Clearance Granted by Local Authority Valid as Per Notification Dated 9.12.2016, Protecting Existing Constructions but Requiring Fresh Clearance for Future Expansion.

The dispute centered on the validity of an Environmental Clearance (EC) obtained by a project proponent for a construction project in Maharashtra. The...

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Supreme Court Restores Arbitral Award in Coal Supply Dispute, Upholds Plausible Contract Interpretation. High Court Exceeded Section 37 Jurisdiction by Substituting Its Own Construction of Coal Mining and Delivery Agreement.

The dispute arose from a Coal Mining and Delivery Agreement (CMDA) executed on 16.07.2008 between Parsa Kente Collieries Limited (appellant) and Rajas...

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Bombay High Court Hears Writ Petition Challenging Grant of Alewadi Port Project to Third Party Under Maharashtra Maritime Board Policies. Petitioner Alleges Arbitrary Treatment and Non-Consideration of Original Proposal Contrary to Port Policies.

The dispute concerns the development of a multipurpose port at Alewadi in Maharashtra under the state's port policies. Petitioner, a UK-based private ...

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Bombay High Court Disposes of Writ Petitions Over Collector’s Authority to Impose Conditions on Transmission Line Project Under Indian Telegraph Act

The dispute arose from the construction of a 400 KV DC transmission line between Aurangabad and Boisar by Power Grid Corporation of India Ltd., a Gove...

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High Court of Bombay at Goa Allows Writ Petition Challenging Maintainability of Civil Revision Against Director's Order Under Section 66(7) of Goa Panchayat Raj Act. Order of Director of Panchayats under Section 66(7) is final and binding, and no Civil Revision lies under Section 201-B of the Act.

The petitioner, Competent Automobiles Company Ltd., applied for a licence to construct a Beach Resort at village Arossim, Goa, based on a technical cl...